According to Article 21 of the AML, any concentration between business operators meeting jurisdictional thresholds provided by the State Council is required to be notified to the competent Anti-monopoly Enforcement Agency for merger control, - the Ministry of Commerce (MOFCOM), for review.
Notification thresholds for merger control
The Anti-monopoly Law (AML), which came into force on August 1, 2008, introduces a new legal regime of merger control. Alexandre Vincent and Elaine Zhu from CMS argue the implementation of the notifiable concentrations should be suspended until clearance by MOFCOM.
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